Opponents of abortion rights are looking at the next phase in their campaign to stop people from ending their pregnancies — and they’re targeting the advertising of abortion services
Facebook's Meta logo sign is seen at the company headquarters in Menlo Park, Calif. on Oct. 28, 2021. | Tony Avelar/AP Photo.that would make it a crime to advertise information about abortion pills or other methods of ending a pregnancy. The model bill treats abortion like organized crime, by using a combination of civil and criminal penalties in the same way that the 1970 Racketeer Influenced and Corrupt Organizations Act does.
Legal experts agree that fights are likely: The Supreme Court case on abortion is now decided, but other battles over the procedure still loom — including over advertising. The biggest concern for digital advertising platforms in the short term are laws, similar to those in the National Right to Life Committee’s proposal, in Oklahoma and Texas that permit civil suits against anyone who helps someone else get an abortion.
In the majority opinion, then-Justice Harry Blackmun wrote that the advertisement wasn’t promoting a simple commercial transaction. “It contained factual material of clear public import” and was entitled to First Amendment protection, he wrote.
Facebook and Google allow advertising for abortion services on their ad networks, however, abortion advocacy groups said the platforms’ ad-approval process is opaque.Martha Dimitratou, head of social media for Plan C, an advocacy group that target ads at people in states that ban abortion to connect them with online services that provide abortion pills.
Plan C, as an advocacy group, does not always qualify for the kinds of certifications that abortion providers can get and has not applied for them.
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